In the development and execution of this article,
it is recognized that adult bookstores, because of their very nature,
are recognized as having serious objectionable operational characteristics,
particularly when several of them are concentrated under certain circumstances,
thereby having a deleterious effect upon the adjacent area. Special
regulation of such uses is necessary to ensure that these adverse
effects will not contribute to the blighting or downgrading of the
surrounding neighborhood. The primary control or regulation is for
the purpose of preventing a concentration of this use in any one area.
As used in this article, the following terms
shall have the meanings indicated:
ADULT BOOKSTORE
An establishment having, as a substantial or significant
portion of its stock-in-trade, books, magazines and other periodicals
which are distinguished or characterized by their emphasis on matter
depicting or relating to specified sexual activity or specific anatomical
areas, as defined below, for observation by patrons therein.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered human
genitals, pubic region, buttock and female breast below a point immediately
above the top of the areola.
B.
Human male genitals in a discernibly turgid
state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
A.
Human genitals in a state of sexual stimulation
or arousal.
B.
Acts of human masturbation, sexual intercourse
or sodomy.
C.
Fondling or other erotic touching of human genitals,
pubic region, buttock or female breast.
It shall be unlawful to hereafter establish
any adult bookstore within 500 feet of any building containing a residential
dwelling or rooming unit or to establish any adult bookstore within
500 feet of any other adult bookstore.
It shall be unlawful to hereafter establish
any adult bookstore within 1,000 feet of the nearest property line
of any public, private or parochial school, library, park or playground
and at least 500 feet from the nearest property line of any church,
convent, monastery, synagogue or other place of worship.
Violation of this article is punishable by a
fine not exceeding $1,000 or by imprisonment not exceeding six months,
or by both fine and imprisonment. Each day during any portion of which
any violation of this article is committed, permitted or continued
shall constitute a separate offense.